JUDGMENT

1. The dispute in this appeal relates to a certain house and a shop standing in Hathras city. They practically formed one building and belonged to Jamna Das, who on the 4th June, 1890, made a gift thereof in favour of the plaintiff. Jamna Das died in Sambat 1961. Shortly after wards the plaintiff hypothecated the said house including the shop, by way of a simple mortgage, in favour of Makhan Lal for a sum of RS. 100. The allegation of the plaintiff was that that mortgage was intended for the benefit of Bhola Nath who held a contiguous house and that about two year later Bhola Nath took possession of the mortgaged property on an agreement to pay rent at Rs. 2 per mensem, out of which Re. 1 per mensem was to be credited in payment of interest due on the mortgage and the balance in payment of the principal due thereon.

2. The plaintiff goes on to say that in defiance of that arrangement a suit was brought by Makhan Lal for recovery of the money due on the mortgage, and a decree was eventually obtained on the 24th of August, 1916, which the plaintiff had ultimately to satisfy. The plaintiff next brought a suit against Balkishen, the son of Bhola Nath, for possession of the said